Monday, 18 November 2013

Council rejects Africa bid on Kenya ICC trial

The UN Security Council down to work at a past session. The Security Council on Friday rejected a resolution to defer the International Criminal Court cases involving President Kenyatta and Deputy President William Ruto. PHOTO | FILE

 New York, Saturday. The UN Security Council Friday rejected a resolution to defer the International Criminal Court cases involving President Kenyatta and Deputy President William Ruto.
The vote in the 15-member council was seven countries in favour, none opposed and eight abstaining, including US, Britain and France.
In a sharp reaction to the outcome of the vote, Kenya’s Foreign Affairs ministry accused the “important members” of the Security Council of “reckless abdication of global leadership” that it said, had “humiliated the continent and its leadership”.
Exemplary leadership
The statement accused the US and UK of “contempt for the African position” and “showing clear cowardice in the face of a critical African matter, and a lack of appreciation of peace and security issues they purport to advocate” by abstaining from voting.
At the same time, Kenya thanked China and Azerbaijan (in the chair) and Rwanda, Togo and Morocco — the three African members on the Security Council — “for their exemplary leadership”.
Rejection of the deferrals resolution means that the fate of President Kenyatta and Mr Ruto now lies with the Assembly of State parties to the Rome statutes, which form the ICC, to change the law to give immunity from prosecution to heads of state and government.
African nations will be pushing for the changes when the group meets in the Hague from November 28.
If successful, serving presidents, deputy or vice-presidents and prime ministers and their deputies will be immune from prosecution by the ICC.
If this fails, the AU has threatened to call an emergency session of its top decision making organ, the heads of state summit, to ask its 34 members to quit the ICC.
It is thought that would force judges, prosecutors, investigators and other staff from Africa working for the ICC to be withdrawn.
It would also mean that ICC staff currently enjoying diplomatic and other VIP status in those African nations would have to leave.

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